Assumption of risk, in sports, means that you accept the risks inherent in your activity. If you play hockey, ski or in-line skate, the risk of accident and injury is greater than if you play bridge or practice yoga!

The principle of assumption of risk can be explained as follows: as an athlete, you accept the usual, ordinary and normally foreseeable dangers connected to an activity. Essentially, this means that your choices are your own responsibility, and as such, you cannot blame or sue anyone if one of these risks becomes a reality.
For example, if you fall while skiing and break your arm and leg, you will have difficulty holding the ski resort responsible for your injuries, unless the resort committed a fault.

In court, judges have often addressed the principle of assumption of risk in civil liability cases. In fact, it has often been invoked as a defence by the party sued. In certain cases the victim’s claim is defeated or reduced.

Take note ! The defence of assumption of risk doesn’t always work for the party accused of wrongdoing. For it to succeed, the victim must have been aware of the risks involved; he must have consented to them with full knowledge of what these really were; and he must suffer directly as a result of the foreseen risk. But, the facts of each case are different and as such each case must be treated differently.

Furthermore, the defence of assumption of risk applies only to the normal risks associated with a sport and does not contemplate faults committed by a third party.

The risks are inherent to a sport or activity when they are normal and foreseeable with respect to the sport or activity being practiced. For example:

• in sports involving the use of a ball, such as golf or baseball, it is foreseeable that the ball w ill not always follow the path intended by the hitter or the golfer and could injure someone;
  
• in contact sports such as hockey or football, it is considered normal for two players to collide.

Intentional punches, excessive roughness, or disrespect for the game’s rules or safety standards are not considered accidents due to “normal risks”. An athlete who does not respect one of these rules can be held liable and made to compensate for damage done to another person. For more information, you can consult the Infosheet entitled Civil liability.

Sporting equipment and mechanical services, such as chairlifts, used by sports participants are included as part of the risks inherent to a sport. However, the owner of a sports facility may be liable where the mechanical equipment is in poor condition or negligently used by the supervisors.

The same is true for the quality of the sporting installation. If there is a gaping hole on a ski hill and the ski resort fails to post warnings, the ski resort may be held liable if you injure yourself and sue.

No. The courts assess the particular circumstances surrounding each case. To determine the extent of risk a person assumed when practicing a sport or activity, the courts consider the victim’s:

• age;
  
• experience;
  
• level of competency in the sport;
  
• knowledge of the terrain.

These criteria help to determine whether a skier was ignorant of the risks or whether he was merely behaving rashly and irresponsibly. An expert skier’s rash conduct will not be easily forgiven because an expert is more able to foresee danger than a beginner.

Take note! Inexperience does not excuse everything. A person new to a sport must listen closely to the warnings and advice of more experienced players. If the inexperienced player is unaccompanied, he is still obliged to obtain information from experienced players.

Definitely. Spectators must assume the inherent risks of the sport they are attending. For example, if you attend a softball game, you must accept that balls are often hit into the stands, and consequently, you are obliged to stay alert and pay attention to the game.

You are also obliged to respect the safety measures imposed on you by the event organizers. For example, if you get injured after climbing over the protective barrier at an all-terrain vehicle race, you have only yourself to blame.

It is true that it is difficult to determine an athlete’s fault, especially when his sport is fast-paced and full of body contact.

However, an athlete can be held liable for the damages inflicted on another person if he:

• injured another player because he failed to respect the rules of the game;
  
• used excessive roughness;
  
• hit another player maliciously.

It goes without saying that all athletes would be wise to exercise caution and respect the rules of the game and safety standards.

Owners or operators of sporting facilities must act responsibly to ensure the safety of those using their facility. They must take all of the means necessary to counter any foreseeable and avoidable dangers:

• an installation must meet the safety standards for that type of facility (for example, an owner may not set up stands that do not meet safety standards in order to save money);
  
• the facility must be free of ‘traps’, dangerous situations where there is no warning posted (for example, a piece of metal that crosses a ski trail must be clearly marked. )